There are many details omitted from this blog, but they all add up to an adjudicator who stubbornly refuses to reconsider a claim – even in the face of undeniable evidence – because she’s already made up her mind. Policy 11-01-02 says she must reconsider, she disagrees.

The Divisional Court found numerous deficiencies in both the “reasons” and “the process” of an HRTO Hearing that found that the employer had been discriminatory in a number of ways. These deficiencies were so significant, that it was “not possible to say that this was a fair hearing, nor that the findings of discrimination were reasonable”. In one instance, the Divisional Court stated that the HRTO’s finding was simply based on a “bald conclusion that is unsupported by any factual findings”.

In Amin v WSIAT (…) the Divisional Court finally reversed the first WSIAT ever. Unfortunately, this case illustrates the tremendous challenges faced by employers especially as they relate to “probationary” employees who are not performing well.